Property on brother's name but financed by family
Querist :
Anonymous
(Querist) 31 October 2010
This query is : Resolved
Dear Sir/Madam,
My father-in-law, 55 yrs - a central govt employee, filed a case 4 months ago against his brother at a district level court to resolve a property dispute. The property is on his brother's name but it was purchased more than 15 yrs ago with financial help from family including my father-in-law and their father.
The other party, my father-in-law's brother and his lawyer, know the property was not purchased with his own money and feel there is a chance that the court's verdict might go against them.
The problem is the other party is not seriously participating in the court hearings. They have successfully avoided taking part in arguments. In each hearing the other lawyer either asks for some days to prepare his response or does not appear at all before the court.
Is there any way by which we can compel the other party to participate in arguments before the judge?
Thanks & Regards.
s.subramanian
(Expert) 31 October 2010
you can request the court to set him exparte and deliver judgment in the case,if he drags on anymore.
R.R. KRISHNAA
(Expert) 31 October 2010
Dear anonymous,
If the other party does not appear, then request the court either to fix a last date for their arguments (i.e., with no further adjournment) or close their arguments and pass judgment.
Best regards.,
Kirti Kar Tripathi
(Expert) 31 October 2010
You can satisfy the court concerned by leading cogent evidence that the property is joint family property and created by joint fund of family member in the name of your father-in-brother (Benami). so for as your second part of problem is concerned, this the usual practice adopted by the parties and procedural. let it be decided by the court. you can only complain to court, court will take action at appropriate time.
aruntrivedi
(Expert) 31 October 2010
When payment of sale consideration is paid from joint family money then only it becomes huf property. If you given him as a help then help is help you have to prove that you have given all money from HUF fund, of course it may be a case that all brothers/father/mother or any earning member of huf could have given their share/contribution for said purchase. If you have given said money as help or assitance then you can claim only money and not share in property. If you give me money as a help out of which I may do anyting. Even I can get marry my daugher with said help assistance of money.
If they are not attending court Court can pass exparte order but you have to prove aforesaid fact.
Khaleel Ahmed
(Expert) 06 November 2010
Your father in laws brother is absolute owner of the property.The question of source of payment made at the time of purchase of the property does not arise.If there is written agreement in this regard, it will be beneficial for your father in laws case.
